Appeal Questions & Answers - latest version

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Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Appeal Questions & Answers - latest version

Post by Etienne »

Version 8 of the Appeal Q&As is now online.

The latest Code of Practice comes into force on 10 February 2009 and applies to all appeals heard after that date, so this is a good time to revise our Q&As.
10. This Code differs from the previous School Admission Appeals Code (issued in January 2008) in four respects:
a) it clarifies that only employees of the local education authority (not the local authority as a whole) are disqualified from serving on Appeal Panels (see paragraph 1.5(c));
b) it allows locally elected politicians to attend appeal hearings to support the appellant (see paragraph 2.14);
c) it clarifies the extent to which Appeal Panels can consider the lawfulness of admission arrangements (see paragraph 3.2(a)); and
d) it reflects the new right of children to appeal against decisions in relation to admissions from academic year 2010/11 (see paragraphs 1.31, 2.3, 2.5, 2.35).

11. The changes referred to in a), b) and c) above apply to all appeals heard after the coming into force of this Code.
We have tried to ensure that our Q&As reflect the guidance given in the Code.

The main changes in version 8 are:

Code: Select all

A6c  (revised entry)  Own-admission authority schools
A12  (revised entry)  Politicians attending appeals
A14  (revised entry)  Children attending appeals
B3   (revised entry)  EP reports
B12  (revised entry)  Do's and don'ts
B20  (revised entry)  Access to school records
B30  (new entry)     "The whole process is too subjective"
C6   (revised entry)  Can a school that has gone over its admission number admit another child?
C7   (revised entry)  Applications for a place in a different year group
E9d  (revised entry)  Interpreting the Headteacher Recommendations 
E26b (new entry)      Lilly's appeal
E30  (new entry)      Success rates in Bucks appeals according to score (moved from forum)
F    (new entry)      Abbreviations used on the forum (moved from forum)
There are other changes too.

Thank you to all who asked questions, and especially to Sally-Anne and other contributors who helped with some of the answers and comments.

To access the latest version of the Q&As, please follow the link at the beginning of this thread. There is also a link "Have you seen our 11 Plus Appeals Q & A?" at the top of the Appeals page.

Changelog

The main changes in version 7 (November 2008) were:

Code: Select all

A1   (revised entry)
A6b  (revised entry)
A12  (revised entry)
A19  (revised entry)
B3   (revised entry)
B11  (revised entry)
B18  (revised entry)  Internal reviews
B27  (revised entry)
B28  (new entry)      What are CATs?
B29  (new entry)      What is NVR?
C10  (revised entry)
C11  (new entry)      Friendship argument in oversubscription appeals
C12  (new entry)      How long a journey is reasonable?
C13  (new entry)      Net Capacity
C14  (new entry)      Net Capacity continued
C15  (new entry)      Figures for special needs in school's oversubscription case        
C16  (new entry)      Fraudulent applications
 
There are other changes too.

This is a major update, to include many of the issues that have been raised in the past year.

Some authorities have not yet published their appeals information for 2009, so updates to section E will be made when available.

The main changes in version 6 (February 2008) were:

Code: Select all

A1   (revised entry)
A2   (revised entry)
A4   (revised entry)
A6   (revised entry)
A11  (revised entry)
B7   (revised entry)
B12  (revised entry)
B22  (revised entry)
B26  (new entry)      Do children successful at appeal go on to cope well at grammar school?
C3   (revised entry)  "A bureaucratic nightmare"
C6   (new entry)      Can a school that has gone over its admission number admit another child (without an appeal)?
C7   (new entry)      What is the situation regarding applications for a place in a different year group?
C8   (new entry)      At the hearing can I argue that the school took 5 over PAN two years ago?
C9   (new entry)      Should an 'Out of County' application be treated the same as an 'Out of Catchment' one?
C10  (new entry)      Common mistakes
D4   (new entry)      The Clerk’s Notes

E1   (revised entry)  Slough Appeals 
E9   (revised entry)  Bucks Order of Suitability
E14b (revised entry)  Clerk's Notes in Bucks
E26  (new entry)      Experience of another Bucks Appeal  
E28  (new entry)      Lincolnshire Appeals in more detail 
E29  (new entry)      Appeal Statistics reported from particular areas 
The previous Code of Practice was issued in January 2008 and came into force for appeals in respect of decisions on admission communicated on or after 1 March 2008.
Etienne
Rob Clark
Posts: 1298
Joined: Tue Nov 25, 2008 1:59 pm

Post by Rob Clark »

Etienne,
Thanks for the update – please feel free to remove this post once you’ve read it – or even before :D – but you might like to know that with regard to E9d, under ‘One or two final points’, we were expressly asked by the chair at our appeal this year: “what significance should we attach to the HT ranking your child as 3oth in the year group?â€
overpeck
Posts: 147
Joined: Wed Jan 14, 2009 8:25 pm

Post by overpeck »

Hi Etienne

Please could you clarify the code 14 amendment - children attending appeals does this mean children can atttend the appeal?
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Yes, if that is the parent's wish.

In the case of an older child appealing personally for 6th form entry, the child himself/herself takes the decision, of course (but the provision for this sort of appeal doesn't come into force yet).
Etienne
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Wouldn't dream of deleting one of your posts, Rob. :)

Incidentally, I'd like to thank you for previously raising some of the issues B30 addresses. You are not alone - other parents have in the past commented on some of the more subjective aspects of panel decisions, and I thought it would be helpful to highlight that the appeals process cannot be totally scientific.

E9d
[quote]At the hearing parents would not normally be asked to comment on the “accuracyâ€
Etienne
Rob Clark
Posts: 1298
Joined: Tue Nov 25, 2008 1:59 pm

Post by Rob Clark »

[quote]“I think it was highly unusual for the "30th in the year" to be mentioned by the headteacher, so I suspect this prompted the question in your case.â€
Snowdrops
Posts: 4667
Joined: Wed Nov 21, 2007 5:20 pm

Post by Snowdrops »

overpeck wrote:Hi Etienne

Please could you clarify the code 14 amendment - children attending appeals does this mean children can atttend the appeal?
Referring to the above post, and Etienne's response:

Etienne Posted: Mon Feb 09, 2009 5:20 pm Post subject:

--------------------------------------------------------------------------------

Yes, if that is the parent's wish.

In the case of an older child appealing personally for 6th form entry, the child himself/herself takes the decision, of course (but the provision for this sort of appeal doesn't come into force yet).


I find this interesting because, in the appeal notes sent to me from North Yorkshire entitled: ' The School Standards and Framework Act 1998 as amended by The education Act 2002 and The Education and Inspections Act 2006 Education (Admissions Appeals Arrangements (England) (Amendment) Regulations 2008 (whew!!) (and I don't know if this is a standard document or something they have concocted) under point 7, The Hearing it specifically says (in capital letters and bolded) Please note: The child involved in the appeal should not (underlined twice) be brought to the hearing.

Are North Yorkshire lagging behind the times, or are they being a bit naughty?
Image
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Interesting! My guess would be that they haven't got round to updating their paperwork.

I would certainly advise parents not to take children to an appeal. It's a very adult environment, it's likely to be very boring for them, and their presence could inhibit the discussion of any sensitive matters.

However, the new Code of Practice is quite clear - it's a decision for the parents to make.
Etienne
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Alex has kindly updated the section on Lincolnshire appeals:
E27b
E28
E29d
http://www.elevenplusexams.co.uk/11plus ... #section-E
Etienne
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Draft items for inclusion in the next version of the Q&As has been moved to:
viewtopic.php?t=15025



Update:
Draft items are no longer queued, and the above thread has been removed.
Changes to the Q&As are made as and when required.
Last edited by Etienne on Mon Mar 31, 2014 1:45 pm, edited 1 time in total.
Reason: updated
Etienne
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